LexisNexis Practical Guidance®
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Unpaid Leave

The NES provide minimum entitlements for unpaid leave, including unpaid parental leave, unpaid carer’s leave and voluntary emergency management activity.

Modern awards and enterprise agreements may include provisions that are ancillary or incidental to the unpaid leave entitlements under the NES or which supplement those entitlements.

Employees who are not covered by the NES may be entitled to unpaid leave under state legislation.

An employer and an employee may also agree that the employee will be allowed to take a period of unpaid leave. However, care must be taken in such situations to clarify the effect of any period of agreed unpaid leave on the employee’s duration and continuity of employment.

See Unpaid Leave.